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FiveStarLaw, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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09-26-2009 A local Board of Education filed a civil action

Customer Question

A local Board of Education filed a civil action in State Circuit Court, emminent dommain for a parcel of land. I have a emailed unsigned agreement with the price and the terms dated 02-19-2009.
03-05-2009 They sent two agreements with the extra agreed terms and requirments that would cost more that the money I would receive so I refused to sign.
09-08-2009 I filed for chapter 11 bankrupcy, pro se.
09-30-2009 Board files a motion to Modifiy the Stay and have the case sent back to State Circuit Court due to being a gov. entity.
10-15-2009 Prelimary Hearing is set in Fed. Court.
What Bankrupcty rule and Form do I use to Keep in Fed. Court.?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

I am assuming that the State court case is still in state court but that it is just frozen until the automatic stay is lifted. So it appears that what you are asking is how to object to the lifting of the automatic stay, not how to keep the case in federal court because it was never there. Is this correct?

Customer: replied 5 years ago.


Correct the case is still in state court.


How do I object to the lifting of the automatic stay?


I want to get the case moved to federal court to better protect my bankrupcty estate.

The board has petitioned state court to appoint 13 commissioners to appraise the land.

I will insist upon a state licensed commercial appraiser since it is commercial land.

In their motion to lift the automatic stay, the board contends that I have no equity in the land. They also contend that they have already appraised the land for $62,000.00 while at the same time they have a petition in state court for 13 commissioners to appraise the land.

I contend we aready have an agreement of $58,000.00 for the right of way. Now they are condeming more land which our agreement per. sq. ft would set the additional land value at $174,000.00

Part of the 02-19-2009 agreement was they bring a working sewer to my property since the right a way takes my septic fields.

The board and I got along fine until the Public Service District,(water & sewer) got involved. I have a 19 year dispute with them. PSD#1 has recieved millions for business prority from the Fed. Gov. but have ignored my request and my adjoining property owner request, a black businessman who had a A-1 transmission shop. He had .96 acres and sold at a loss around 2001 to an investment group and I bought the .96 acres and 2003 to make a total of 2.39 acres. The the board is condeming .796 acres. The sewer all these years is still 400 steps from my property. The board and PSD#1 in their final agreement offered a residential grinder to be installed by me.

After the August deadline to start construction they had a local attorney contact me to work out an agreement but he had no counter offers. He did have a map that showed the sewer connection brought to the highest point my land. It would cost thousands to hook up. A residential grinder would not have enough lift to work.

Expert:  Maverick replied 5 years ago.
I will opt out at no charge to you and let someone else try to assist you. You need not do anything on your part. Please do not reply to this message or your question will have to be re-released. Thank you for an opprtunity to assist you.

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